United States District Court, C.D. California
BRIAN M. MCDANIEL, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
DECISION AND ORDER
E. BIANCHINI UNITED STATES MAGISTRATE JUDGE.
of 2011, Plaintiff Brian M. McDaniel applied for Supplemental
Security Income benefits under the Social Security Act. The
Commissioner of Social Security denied the application.1
Plaintiff, represented by the Law Offices of 1 On January 23,
2017, Nancy Berryhill took office as Acting Social Security
Commissioner. The Clerk of the Court is directed to
substitute Acting Commissioner Berryhill as the named
defendant in this matter pursuant to Rule 25(d)(1) of the
Federal Rules of Civil Procedure. Lawrence D. Rohlfing,
Steven G. Rosales, Esq., of counsel, commenced this action
seeking judicial review of the Commissioner's denial of
benefits pursuant to 42 U.S.C. §§ 405 (g) and 1383
parties consented to the jurisdiction of a United States
Magistrate Judge. (Docket No. 11, 12, 22). On December 12,
2016, this case was referred to the undersigned pursuant to
General Order 05-07. (Docket No. 21).
applied for benefits on June 10, 2011, alleging disability
beginning May 5, 2011. (T at 222-28).2 The application was
denied initially and on reconsideration. Plaintiff requested
a hearing before an Administrative Law Judge
(“ALJ”). On January 23, 2013, a hearing was held
before ALJ Marti Kirby. (T at 32). Plaintiff appeared with an
attorney and testified. (T at 36-49). The ALJ also received
testimony from Sandra Fioretti, a vocational expert (T at
January 28, 2013, the ALJ issued a written decision denying
the application for benefits. (T at 92-107). The Appeals
Council thereafter granted Plaintiff's request for
review, vacated the ALJ's decision, and remanded the
matter for further proceedings. (T at 108-112).
2 Citations to (“T”) refer to the administrative
record at Docket No. 16.
second hearing was held before the same ALJ on July 24, 2014.
(T at 53). Plaintiff appeared with an attorney and testified.
(T at 58-64, 67-68). The ALJ received testimony from David
Rinehart, a vocational expert. (T at 66-67, 68-73). The ALJ
issued a second decision on October 1, 2014, denying the
application for benefits. (T at 6-29).
ALJ's second decision became the Commissioner's final
decision on February 25, 2016, when the Appeals Council
denied Plaintiff's request for review. (T at 1-4).
April 29, 2016, Plaintiff, acting by and through his counsel,
filed this action seeking judicial review of the
Commissioner's decision. (Docket No. 1). The Commissioner
interposed an Answer on September 27, 2016. (Docket No. 15).
Plaintiff filed a supporting memorandum on November 15, 2016.
(Docket No. 20). The Commissioner filed an opposing
memorandum on December 19, 2016. (Docket No. 23).
reviewing the pleadings, the parties' memoranda, and
administrative record, this Court finds that the
Commissioner's decision should be affirmed and this case
must be dismissed.